Click on a question below to reveal the answer. If you have further questions, please call our experienced Kansas medical malpractice attorneys in Wichita KS at 1-800-266-0036 or contact Prochaska, Howell & Prochaska LLC here.
Q: How long do I have to file my case?+
Each state has laws that determine the statutes of limitations for filing a lawsuit. Laws not only vary by each state, but also how certain cases are handled. If you have been the victim of medical malpractice, an auto injury or product liability, Kansas laws allow two years from the date of the injury to file your case.
There are exceptions to the rule, but these cases are extremely rare. Some cases, such as car accident injuries, take very little time to build so you have plenty of time to choose an attorney. However, complex cases, such as defective product and medical malpractice cases, can take up to a year to build and file.
Time is extremely important in the legal process. You need to select an attorney in the early stages so there is plenty of time to build and settle your case, and if unsuccessful, have it on file. You can fill out a contact form by clicking here, or call us toll free at 800-266-0036 for a free phone evaluation or personal visit!
Q: Do I have a case?+
Don’t be fooled by how lawsuits are portrayed on TV shows. Anyone can file a lawsuit over anything! The laws of the state govern whether you have a valid compensable case or not. When you initiate a lawsuit, you carry the burden of proving every element that the law requires. For example, if you file a medical malpractice case, you have the burden of proving that a doctor was liable due to either his inaction, or that he provided unethical services. You will also have to prove whether the consequences resulted in further illness or injury. These cases require obtaining all your related medical records, and then sending them to other medical experts for evaluation. This can be a daunting process.
There are simpler cases where there is little doubt that a driver’s negligence caused your injury in an accident. Very little investigation is required in these instances. In any type of case, analysis of facts and application of the law determines whether or not you have a valid case. The best way to find out whether you have a case is to talk to a lawyer. We will discuss the details and the circumstances of the accident, and perform any further investigation that may be necessary. We are happy to help you determine whether you have a case or not and explain your options! Our evaluations are free. You can fill out a contact form by clicking here, or call us toll free at 800-266-0036 for a free phone evaluation or personal visit.
Q: What will it cost me?+
Litigation is expensive. The cost of filing a lawsuit is minimal compared to the costs associated with building and litigating a case. Expert witnesses charge $200 to $800 an hour for the services they provide. This may entail reviewing documents, writing letters, speaking with attorneys, preparing testimony, and traveling to court or deposition to testify. Taking testimony from witnesses through stenographic means (depositions) costs anywhere from $500 to $2,000 per witness. Obtaining your medical records to prove your injuries and medical expenses can cost anywhere from $250 to $5,000.
These are but a few of the expenses involved in the process. It’s hard for the majority of injured clients to pay these costs in order to obtain a fair settlement. They are also under enough financial strain already due to missing work, and paying hospital bills and property damage that resulted from the accident. Many feel they can’t afford to pay a lawyer by the hour. We realize these financial burdens and are here to help. To make sure you are not deprived of the opportunity to obtain justice, we will pay all of these expenses and not charge you for our time unless we win your case. Otherwise, you pay nothing!
Q: Have you handled a case like mine?+
We are personal injury lawyers. If you or a loved one has suffered due to the liability of another party, then you have come to the right place! Representing the injured is what we do best. We have handled nearly every type of injury claim, and we invite you to search our Practice Area and Results pages for further information. If you are still unsure whether we handle your case type, please contact us by filling out this form!
Q: How long will it take?+
Each case is different. The complexity of each determines the amount of time it takes to complete the case. For example, if you are injured by a driver who ran a red light there are witnesses to confirm what happened. The case is simple and can be resolved quickly (generally within 90 days of the injury). However, if you are injured as a result of a defective product and the manufacturer refuses responsibility, then you will need to file a lawsuit. It will involve an extensive litigation process in order to prove the product’s defect before the manufacturer will even consider settling your case. This could take up to two years!
At Prochaska, Giroux & Howell, we have a conviction toward building your case as quickly as possible. We know you have been injured and need immediate help. We start the evaluation and information gathering process after your first contact. Once you hire us, the race to help you begins. If you have any questions or concerns about the length of time it will take to obtain a recovery, please feel free to contact us here, or call toll free at 800-266-0036 for a free phone evaluation or personal visit. Knowing more about your case will help us answer your questions and concerns more definitively. We are happy to help!
Q: Do you handle cases where I live?+
As dictated by the rules of the law, you cannot pick and choose where your lawsuit is filed. Generally, you must file the lawsuit in the county and state where the injury occurred, or where the liable party resides. At Prochaska, Giroux & Howell, we have a reputation of trying cases in communities throughout the state of Kansas and surrounding states. We have handled cases in Kansas, Missouri, Nebraska, Oklahoma and Colorado with a proven track record of results. We have attorneys licensed in these states and can gain practice privileges in additional states if necessary. Many of the cases we handle are referrals from other lawyers who practice in small communities. They have helped clients with wills, estates, divorces, traffic accidents and other cases. These lawyers know our reputation and expertise, and regularly refer personal injury cases to us no matter how small or complex.
If you have any questions or concerns, please contact us by e-mail, phone or in person. If you want us to visit you at home, in the hospital or anywhere else, we are happy to make that accommodation! Consultations are always free. The most important thing to us is that your questions and concerns are answered!
Q: What is my case worth?+
Beware of a lawyer who tells you how much money you’ll receive before even investigating or reviewing your case. Every case is different. The value of your injury may be reduced if you contributed to the cause of your injury (known as “comparative fault”), or because you suffered an injury to a previously injured area that never completely healed. There are also “liens” from your health insurance company, and even the government requesting compensation for bills they paid for during your recovery. Insurance companies of offending parties also vary greatly in their practices. They may value your case and injury differently than others – some fairly and some too conservatively. You might not receive the compensation you deserve if they undervalue your claim.
There’s no way for an attorney to successfully estimate your damages until they conduct a preliminarily investigation. At Prochaska, Giroux & Howell, it is our commitment to investigate every case before we estimate the value of your case. Our clients come to us for honest advice and guidance, not speculation and disappointment. We are happy to evaluate your case! To get the process started, please fill out a contact form by clicking here, or call us toll free at 800-266-0036 for a free phone evaluation or personal visit. We are happy to offer free consultation services on any case!